2016 (9) TMI 977

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....estigations were conducted against the appellant in March 2006. After the completion of investigation, proceedings were initiated to demand and recover Central Excise duty of Rs. 11,88,463/- from the appellant. The Original Authority, after due adjudication, passed order dated 13/12/07 confirming the demand and imposing equal amount of penalty. On appeal, the Commissioner (Appeals) vide the impugned order rejected the appeal and upheld the original order. Aggrieved, the appellant is before us. 2. The learned Counsel for the appellant submitted that the appellant admitted the duty liability wherever extra considerations were received from the buyers over and above the invoice amount. However, he contended that the demand raised on the bas....

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....rious corroborative evidence and admissions by the proprietor of the appellant firm, the conclusion was arrived that the value of footwear moulds shown in the bills is not correct transaction value and the appellant mis-declared the same to evade payment of Central Excise duty. Regarding correct valuation of the impugned goods based on evidences collected and the appellant s own admission, the calculation was concluded. Though, admittedly the appellant is free to dispute and challenge the duty payment afresh in the appeal proceedings before us it will be worthwhile to note that before another statutory authority, the Settlement Commission, the full duty liability has been accepted by the appellant. Admittedly, the present appeal is to be de....